Page:United States Statutes at Large Volume 98 Part 2.djvu/856

 98 STAT. 2016

PUBLIC LAW 98-473—OCT. 12, 1984

result of an incorrect application of the sentencing guidelines, or to be unreasonable, upon remand of the case to the court— "(1) for imposition of a sentence in accord with the findings of the court of appeals; or "(2) for further sentencing proceedings if, after such proceedings, the court determines that the original sentence was incorrect. "(b) CORRECTION OF SENTENCE FOR CHANGED CIRCUMSTANCES.—

Post, p. 2019. l8 USC app.

The court, on motion of the Government, may within one year after the imposition of a sentence, lower a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person who has committed an offense, to the extent that such assistance is a factor in applicable guidelines or policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a).". (c) Rule 38 is amended— (1) by amending the caption to read: "Stay of Execution" and deleting "(a) Stay of Execution."; (2) by deleting subdivisions (b) and (c); (3) by redesignating subdivisions (a)(1) through (a)(4) as subdivisions (a) through (d), respectively; (4) in subdivision (a), by adding "from the conviction or sentence" after "is taken"; (5) in the first sentence of subdivision (b), by adding "from the conviction or sentence" after "is taken"; (6) by amending subdivision (d) to read as follows: "(d) PROBATION.—A sentence of probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay."; and (7) by adding new subdivisions (e) and (f) as follows: "(e)

18 USC app. 18 USC app. 18 USC app.

CRIMINAL FORFEITURE, NOTICE TO VICTIMS, AND RESTITU-

TION.—A sanction imposed as part of the sentence pursuant to 18 U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or sentence is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance with the sanction upon disposition of the appeal, including the entering of a restraining order or an injunction or requiring a deposit in whole or in part of the monetary amount involved into the registry of the district court or execution of a performance bond. "(f) DiSABiliTiES.—A civil or employment disability arising under a Federal statute by reason of the defendant's conviction or sentence, may, if an appeal is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may enter a restraining order or an injunction, or take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal.". (d) Rule 40 is amended by deleting "3653" in subdivision (d)(l) and inserting in lieu thereof "3605". (e) Rule 54 is amended by amending the definition of "Petty offense" in subdivision (c) to read as follows: " 'Petty offense' means a class B or C misdemeanor or an infraction.". (f) Rule 6(e)(3)(C) is amended by adding the following subdivision: "(iv) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an

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